Understanding The Appointment Of A Short Term Guardian
According to the Florida Courts, Florida law states that there must be a guardian for minor children should the parents die or become incapacitated to protect these vulnerable individuals. When caregivers of incapacitated adults or parents of minor children cannot care for their dependents, other parties may file for temporary guardianship, enabling the guardian to make decisions on the ward’s behalf during a specified period; with regard to child guardianship, a private short term agreement is also possible. Gain an understanding of appointing a short term guardian, including how it works, and find out how Loughlin Law, P.A. can assist individuals with these appointments; call our firm today at (561) 677-8384 to discuss your legal requirements with an experienced Florida estate planning attorney.
Understanding Guardianship
A guardian refers to a party who provides care for, and makes financial and/or personal decisions on behalf of, an incapacitated adult or minor child, with the party cared for by the guardian known as the ward. The courts in Florida may appoint a guardian in the event of the death or incapacitation of a minor child’s parents, or if the minor receives insurance policy proceeds, lawsuit damages, or an inheritance exceeding the limits imposed by statute. Adult guardianship refers to the court process of giving an adult’s decision-making rights to another party in the event of impairment after exhausting other alternatives, such as healthcare proxies and powers of attorney.
Florida permits both involuntary and voluntary guardianships, with the latter applying to adults who are mentally competent but incapable of estate management and voluntarily seek a guardian appointment, whereas the former concerns a court appointing a guardian after legally determining the party as incapacitated. Due to the courts seeking the least limiting guardianship, the law allows for plenary (full) guardianships and limited guardianships. Plenary guardians are court-appointed individuals who can exercise the ward’s legal rights following a court finding of incapacitation, where the ward cannot provide their own care; limited guardianships apply to situations where a ward lacks some but not the complete ability to care for themselves or their property.
What Is a Short Term Guardian?
Temporary guardians have the authority to care for their wards during a certain period. Concerning children, a temporary guardian may gain this role when a minor child’s parents cannot care for their child due to incapacitation. They might also receive this appointment upon the death of the child’s parents and act as a guardian for the child until the court appoints a permanent guardian.
How Does Temporary Guardianship Work in Florida?
In Florida, it is possible to obtain temporary guardianship in one of two ways. Outlined below is an explanation of these methods.
Court Appointment
The court may hear petitions for emergency temporary guardianship if a person’s assets or physical or mental health are at immediate risk, such as in the event of the passing or incapacitation (for example, due to substance abuse or health problems) of a minor child’s parents or when an adult no longer has the mental or physical capacity to handle their affairs. To ascertain whether appointing an emergency temporary guardian is appropriate, the court may conduct hearings where they review evidence of the danger to health and the risk of asset loss, misappropriation, and waste and consider witness testimonies. If deemed appropriate, a court might grant the guardianship and outline the guardian’s specific duties, but only if the nominated party is an adult relative (either by family or marriage) of the incapacitated adult or minor child, such as a sibling, cousin, aunt, uncle, step-parent, or grandparent.
Explore the subject of a short term guardian in more detail, and learn about the estate planning options available to parents with minor children by contacting a seasoned Florida estate planning lawyer. Book an initial consultation with Loughlin Law, P.A. today.
Private Agreement
One option for parents who seek a temporary guardian for their children in the event of emergencies, illness, travel, or military service deployment is via a private agreement (often a power of attorney) that does not involve court approval. This could be an option if the guardianship for a child lasts for a maximum period of six months, if both parents are willing and able to sign and notarize the agreement (one parent if the other parent has died, is missing, or possesses no parental rights), and for children aged 14 and above, if the child is willing to sign.
Who Pays for a Court-Appointed Guardian in Florida?
Filing for temporary guardianship with the court incurs filing, attorney, and court fees, typically ranging in the hundreds of dollars to the low thousands. If the guardianship concerns an incapacitated adult, and that person possesses sufficient funds, then the ward pays to cover these fees; the petitioner initially pays and then can ask the court to reimburse them from the ward’s assets. With regard to low income or insufficient assets, the state is likely to take on the burden of these costs by waiving them.
How Long Can You Grant Temporary Guardianship in Florida?
Florida limits the length of emergency temporary guardianships appointed via the courts to 90 days. That said, if the situation with the ward remains unchanged by the end of this period, the guardian may seek permanent or long-term temporary guardianship with the court. In this scenario, the court reviews whether this aligns with the best interests of the incapacitated adult or child, taking into account the risks to their welfare and health.
Temporary guardianships via private agreement start immediately after all involved parties sign the paperwork. They expire automatically six months from the signing date or earlier if specified in the agreement. To extend guardianship beyond six months, the parties may sign an additional agreement or seek permanent guardianship via the court.
How Long Does It Take To Establish Guardianship in Florida?
The key legislation covering guardianships in Florida is Chapter 744 of the Florida Statutes, outlining guardianship procedures, rights, and obligations, which permits court-appointed temporary guardians in emergencies. These exist since it can take many weeks and even months to finalize permanent guardian arrangements, ensuring the well-being of vulnerable individuals such as minor children and incapacitated adults during this transition period. Establishing a court-appointed temporary guardian can take anywhere between a few days to a few weeks, depending on the risks to the ward.
Reach Out to a Knowledgeable Florida Estate Planning Attorney To Understand More
Petitioning for temporary guardianship in Florida and drafting legally sound short term guardianship agreements can be a complex process. For assistance with navigating short term guardianship filings and private guardianship agreements, consider reaching out to a knowledgeable Florida estate planning attorney. Acquire a greater understanding of what appointing a short term guardian entails, and gain more general assistance with an estate plan, by calling Loughlin Law, P.A. at (561) 677-8384 today to schedule a preliminary consultation.
